Agenda and minutes

Constitution Committee - Thursday, 13 September 2007 11.00 am

Venue: Framland Committee Room, County Hall, Glenfield

Contact: Miss R. Palmer (Tel: 0116 305 6098)  Email: rpalmer@leics.gov.uk

Items
No. Item

10.

Minutes. pdf icon PDF 79 KB

Minutes:

The minutes of the meeting held on 29 June 2007 were taken as read, confirmed and signed.

 

11.

Question Time.

Minutes:

The Chief Executive reported that no questions had been received under Standing Order 35.

 

12.

Questions asked under Standing Order 7(3) and 7(5).

Minutes:

The Chief Executive reported that no questions had been received under Standing Order 7(3) and 7(5).

 

13.

Urgent items.

Minutes:

There were no urgent items for consideration.

 

14.

Declarations of interest.

Minutes:

No declarations were made.

 

15.

Review and Revision of the Constitution and Authorisation of Officers. pdf icon PDF 66 KB

Additional documents:

Minutes:

The Committee considered a report of the Chief Executive which recommended changes to the Constitution as part of this year’s annual review and amended the list of officers authorised to act on behalf of the Chief Executive in respect of proper officer functions and certain other delegated powers.  A copy of the report marked ‘B’ is filed with these minutes.

 

The Committee was advised that the Corporate Governance Committee had considered this matter at its meeting on 11 September 2007.  That Committee had agreed to support the proposals on the basis that the Committee would be monitoring the position with a view if necessary to making changes in the light of experience.

 

During the course of the ensuing discussion, reservations were expressed about the proposals to change the scheme of delegation in relation to the power to incur revenue expenditure and the virement rules set out in the Standard Financial Instructions.  As a result, officers undertook to consider what changes might be made to alleviate these concerns and ensure that the outcome was reflected in the report to the County Council.

 

The Committee indicated its broad support for the proposals subject to the above and the following amendments:-

 

(i) Acceptance of Tenders.

 

That a report be made annually to the Corporate Governance Committee listing all those tenders which had been accepted which exceeded the EU Procurement threshold.

 

(ii) Executive Procedure Rules – Working Definition of Key Decision.

 

With regard to the proposed change to paragraph (vi), that the Director of Corporate Resources together with the County Solicitor (as Monitoring Officer) should determine this jointly.

 

(iii) Employee Code of Conduct.

 

The addition of a reference to “Openness” in the first item.

 

RESOLVED:

 

That, subject to the amendments now discussed, the County Council be recommended:-

 

(a)    to approve the proposed changes to the Constitution as set out in the Appendices to this report;

 

(b)    to agree that those changes relating to new contract procedures be implemented with effect from 1st January, 2008, in order to enable the necessary guidance and training to be provided to staff on the operation of the new procedures in the meantime;

 

(c)     to agree in respect of the proper officer functions and other delegated powers and functions allocated to the Chief Executive and County Solicitor, that the following officer be authorised to act:-

 

County Solicitor (in own right and on behalf of the Chief Executive)

Assistant Chief Executive (Community Planning)

Head of Democratic Services and Administration

Head of Legal Services

Head of Partnerships and Diversity

Head of Public Relations

Head of Youth Justice and Safer Communities.

 

 

11am – 11.25am                                                                              CHAIRMAN

13 September 2007